[Federal Register Volume 66, Number 128 (Tuesday, July 3, 2001)]
[Notices]
[Pages 35243-35244]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-16619]


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OFFICE OF GOVERNMENT ETHICS


Proposed Collection; Comment Request: Proposed Updated Qualified 
Trust Model Certificates and Model Trust Documents

AGENCY: Office of Government Ethics (OGE).

ACTION: Notice.

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SUMMARY: This notice informs the public and executive branch agencies 
that, after this first round notice and comment period, OGE plans to 
submit updated executive branch qualified trust model certificates and 
model trust documents to the Office of Management and Budget (OMB) for 
review and three-year extension of approval under the Paperwork 
Reduction Act. In all, a total of twelve OGE model certificates and 
model documents for qualified trusts are involved. The notice also 
identifies a minor revision proposed to these documents.

DATES: Comments by the public and agencies on this information 
collection as proposed for revision and extension are invited and 
should be received by September 17, 2001.

ADDRESSES: Any comments should be sent to: James V. Parle, Chief, 
Office of Information Resources Management, Office of Government 
Ethics, Suite 500, 1201 New York Avenue, NW., Washington, DC 20005-
3917. Comments may also be sent electronically to OGE's Internet E-mail 
address at [email protected] (for E-mail messages, the subject line should 
include the following reference--``Qualified trust model certificates 
and model trust documents paperwork comment'').

FOR FURTHER INFORMATION CONTACT: Mr. Parle at the Office of Government 
Ethics; telephone: 202-208-8000, ext. 1113; TDD: 202-208-8025; FAX: 
202-208-8037. A copy of all of the updated model trust documents and 
certificates may be obtained, without charge, by contacting Mr. Parle.

SUPPLEMENTARY INFORMATION: The Office of Government Ethics is the 
supervising ethics office for the executive branch of the Federal 
Government under the Ethics in Government Act of 1978 (Ethics Act). 
Presidential nominees to executive branch positions subject to Senate 
confirmation and any other executive branch officials may seek OGE 
approval for Ethics Act qualified blind or diversified trusts to be 
used to avoid conflicts of interest.
    The Office of Government Ethics is the sponsoring agency for the 
model certificates and model trust documents for qualified blind and 
diversified trusts of executive branch officials set up under section 
102(f) of the Ethics Act, 5 U.S.C. app. Sec. 102(f), and OGE's 
implementing financial disclosure regulations at subpart D of 5 CFR 
part 2634. The various model certificates and model trust documents are 
utilized by OGE and settlors, trustees and other fiduciaries in 
establishing and administering these qualified trusts.
    This notice describes a minor proposed change to the qualified 
trust model documents. The proposed updating change is a minor 
improvement that will enhance privacy with respect to trust instruments 
once executed. The Office of Government Ethics proposes to substitute 
the words ``mailing address'' for the words ``home address'' where they 
appear within the model trust documents. No change is needed for the 
model certificates of independence and compliance as codified at 
appendices A-C to 5 CFR part 2634.
    The Office of Government Ethics is planning to submit, after this 
first round notice and comment period, updated versions of all twelve 
qualified trust certificates and model documents described below (all 
of which are included under OMB paperwork control number 3209-0007) for 
a three-year extension of approval by OMB under the Paperwork Reduction 
Act (44 U.S.C. chapter 35). At that time, OGE will publish a second 
paperwork notice in the Federal Register to inform the public and the 
agencies. The current paperwork approval for the model certificates and 
model trust documents is scheduled to expire at the end of October 
2001.
    There are two categories of information collection requirements 
which OGE plans to submit, each with its own related reporting model 
certificates or model trust documents which are subject to paperwork 
review and approval by OMB. The OGE regulatory citations for these two 
categories, together with identification of the forms used for their 
implementation, are as follows:
    i. Qualified trust certifications--5 CFR 2634.401(d)(2), 
2634.403(b)(11), 2634.404(c)(11), 2634.406(a)(3) & (b), 2634.408, 
2634.409 and appendices A & B to part 2634 (the two implementing forms, 
the Certificate of Independence and Certificate of Compliance, are 
codified respectively in the cited appendices; see also the Privacy Act 
and Paperwork Reduction Act notices thereto in appendix C); and
    ii. Qualified trust communications and model provisions and 
agreements--5 CFR 2634.401(c)(1)(i) & (d)(2),

[[Page 35244]]

2634.403(b), 2634.404(c), 2634.408 and 2634.409 (the nine implementing 
forms are the: (A) Blind Trust Communications (Expedited Procedure for 
Securing Approval of Proposed Communications); (B) Model Qualified 
Blind Trust Provisions; (C) Model Qualified Diversified Trust 
Provisions; (D) Model Qualified Blind Trust Provisions (For Use in the 
Case of Multiple Fiduciaries); (E) Model Qualified Blind Trust 
Provisions (For Use in the Case of an Irrevocable Pre-Existing Trust); 
(F) Model Qualified Diversified Trust Provisions (Hybrid Version); (G) 
Model Qualified Diversified Trust Provisions (For Use in the Case of 
Multiple Fiduciaries); (H) Model Qualified Diversified Trust Provisions 
(For Use in the Case of an Irrevocable Pre-Existing Trust); (I) Model 
Confidentiality Agreement Provisions (For Use in the Case of a 
Privately Owned Business); and (J) Model Confidentiality Agreement 
Provisions (For Use in the Case of Investment Management Activities)).
    The various model trust certificates and model trust documents as 
proposed to be modified are available without charge to the public upon 
request as indicated in the ``For Further Information Contact'' section 
above.
    The communications formats and the confidentiality agreements 
(items ii (A), (I) and (J) above) would not be available to the public 
because they contain sensitive, confidential information. All the other 
completed model trust certificates and model trust documents (except 
for any trust provisions that relate to the testamentary disposition of 
trust assets) are publicly available based upon a proper Ethics Act 
request (by filling out an OGE Form 201 access form).
    The total annual public reporting burden represents the time 
involved for completing qualified trust certificates and model trust 
documents which are processed by OGE. The burden is based on the amount 
of time imposed on private citizens. Virtually all filers/document 
users are private trust administrators and other private 
representatives who help to set up and maintain the qualified blind and 
diversified trusts. The detailed paperwork estimates below for the 
various trust certificates and model trust documents, which remain the 
same as for the last paperwork clearance three years ago, are based 
primarily on OGE's experience with administration of the qualified 
trust program.
    i. Trust Certificates:
    A. Certificate of Independence: Total filers (executive branch): 
10; Private citizen filers (100%): 10; OGE-processed certificates 
(private citizens): 10; OGE burden hours (20 minutes/certificate): 3.
    B. Certificate of Compliance: Total filers (executive branch): 35; 
Private citizen filers (100%): 35; OGE-processed certificates (private 
citizens): 35; OGE burden hours (20 minutes/certificate): 12; and
    ii. Model Qualified Trust Documents:
    A. Blind Trust Communications: Total Users (executive branch): 35; 
Private citizen users (100%): 35; OGE-processed documents (private 
citizens): 210 (based on an average of six communications per user, per 
year); OGE burden hours (20 minutes/communication): 70.
    B. Model Qualified Blind Trust: Total Users (executive branch): 10; 
Private citizen users (100%): 10; OGE-processed models (private 
citizens): 10; OGE burden hours (100 hours/model): 1,000.
    C. Model Qualified Diversified Trust: Total users (executive 
branch): 15; Private citizen users (100%): 15; OGE-processed models 
(private citizens): 15; OGE burden hours (100 hours/model): 1,500.
    D.-H. Each of the five remaining model qualified trust documents: 
Total users (executive branch): 2; Private citizen users (100%): 2; 
OGE-processed models (private citizens): 2, multiplied by 5 (five 
different models) = 10; OGE burden hours (100 hours/model): 200, 
multiplied by 5 (five different models) = 1,000.
    I.-J. Each of the two model confidentiality agreements: Total users 
(executive branch): 2; Private citizens users (100%): 2; OGE-processed 
agreements (private citizens): 2, multiplied by 2 (two different 
models) = 4; OGE burden hours (50 hours/agreement): 100, multiplied by 
2 (two different models) = 200.
    Based on these estimates, the total number of forms expected 
annually at OGE is 294 with a cumulative total of 3,785 burden hours.
    Public comment is invited on each aspect of the model qualified 
trust certificates and model trust documents, and underlying regulatory 
provisions, as set forth in this notice, including specifically views 
on the need for and practical utility of this set of collections of 
information, the accuracy of OGE's burden estimate, the potential for 
enhancement of quality, utility and clarity of the information 
collected, and the minimization of burden (including the use of 
information technology).
    Comments received in response to this notice will be summarized 
for, and may be included with, the OGE request for extension of the OMB 
paperwork approval for the set of the various existing qualified trust 
model certificates, the model communications package, and the model 
trust documents as updated. The comments will also become a matter of 
public record.

    Approved: June 25, 2001.
Amy L. Comstock,
Director, Office of Government Ethics.
[FR Doc. 01-16619 Filed 7-2-01; 8:45 am]
BILLING CODE 6345-01-P